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CA · jury_instructions

CALCRIM No. 2514

Possession of Firearm by Person Prohibited by Statute:

activein force · 2026-01-01 – presentcompiled-edition

Self-Defense

The defendant is not guilty of unlawful possession of a firearm[, as

charged in Count ,] if (he/she) temporarily possessed the firearm

in (self-defense/ [or] defense of another). The defendant possessed the

firearm in lawful (self-defense/ [or] defense of another) if:

1. The defendant reasonably believed that (he/she/someone else/

<insert name of third party>) was in imminent

danger of suffering great bodily injury;

2. The defendant reasonably believed that the immediate use of

force was necessary to defend against that danger;

3. A firearm became available to the defendant without planning or

preparation on (his/her) part;

4. The defendant possessed the firearm temporarily, that is, for a

period no longer than was necessary [or reasonably appeared to

have been necessary] for self-defense;

5. No other means of avoiding the danger of injury was available;

AND

6. The defendant’s use of the firearm was reasonable under the

circumstances.

Belief in future harm is not sufficient, no matter how great or how likely

the harm is believed to be. The defendant must have believed there was

imminent danger of great bodily injury to (himself/herself/ [or] someone

else). Defendant’s belief must have been reasonable and (he/she) must

have acted only because of that belief. The defendant is only entitled to

use that amount of force that a reasonable person would believe is

necessary in the same situation. If the defendant used more force than

was reasonable, the defendant did not act in lawful (self-defense/ [or]

defense of another).

When deciding whether the defendant’s beliefs were reasonable, consider

all the circumstances as they were known to and appeared to the

defendant and consider what a reasonable person in a similar situation

with similar knowledge would have believed. If the defendant’s beliefs

were reasonable, the danger does not need to have actually existed.

Great bodily injury means significant or substantial physical injury. It is

an injury that is greater than moderate harm.

[The defendant’s belief that (he/she/someone else) was threatened may be

reasonable even if (he/she) relied on information that was not true.

However, the defendant must actually and reasonably have believed that

the information was true.]

[If you find that <insert name of person who allegedly

threatened defendant> threatened or harmed the defendant [or others] in

the past, you may consider that information in deciding whether the

defendant’s conduct and beliefs were reasonable.]

[If you find that the defendant knew that <insert name of

person who allegedly threatened defendant> had threatened or harmed

others in the past, you may consider that information in deciding

whether the defendant’s conduct and beliefs were reasonable.]

[Someone who has been threatened or harmed by a person in the past, is

justified in acting more quickly or taking greater self-defense measures

against that person.]

[If you find that the defendant received a threat from someone else that

(he/she) reasonably associated with <insert name of person

who was the alleged source of the threat>, you may consider that threat in

deciding whether the defendant was justified in acting in (self-defense/

[or] defense of another).]

The People have the burden of proving beyond a reasonable doubt that

the defendant did not temporarily possess the firearm in (self-defense/

[or] defense of another). If the People have not met this burden, you

must find the defendant not guilty of this crime.

New January 2006; Revised December 2008, February 2012, September 2020,

March 2022, October 2025

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2026
Content hash
80e2fa7326cb37ade07b61a2901eccc04af43ab95dda770453e82f851cc11354
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